Case Document

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HCMP 2103/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2103 OF 2015

______________________

	IN THE MATTER of the property comprised in a Charging Order Absolute in the High Court Civil Action No. 3549 of 2003 and known as 21/106352^nd parts or shares of and in NEW KOWLOON INLAND LOT NO. 5928 (Unit D on 28^th Floor of Block 5, Richland Gardens, No. 80 Wang Kwong Road, Kowloon)
	and
	IN THE MATTER of Order 31 and Order 50 rule 9A(1) and Order 88, rule 5A of the Rules of High Court, Cap. 4A, Laws of Hong Kong

______________________

BETWEEN
	PRIMECREDIT LIMITED	Plaintiff
	and
	YEUNG CHUN PANG BARRY	1^st Defendant
	WONG HO	2^nd Defendant

______________________

Before: Hon Anthony Chan J in Chambers

Date of Hearing: 10 February 2017

Date of Decision: 10 February 2017

______________

D E C I S I O N

______________

1.I grant a stay of execution of the Order dated 9 December 2016. Although I am unable to see much force in respect of the merits of the appeal in question, it is undisputed that the 2^nd Defendant is an elderly lady who has been residing at the Property for over 30 years. There is certainly a real risk that the Property may be sold before the appeal is heard. This may render the appeal nugatory, and constitute serious injustice to the 2^nd Defendant.

2.Mr Tsang, appearing for the Plaintiff, has pointed out various unsatisfactory features in the evidence put before the court by the Defendants in support of this application. However, I do not believe that they outweigh the concern of potential injustice to the 2^nd Defendant.

3.In the premises, it is right to accede to the stay application upon the undertaking by the 2^nd Defendant to prosecute her appeal with due diligence.

(Anthony Chan)
Judge of the Court of First Instance
High Court

Mr Alvin Tsang, instructed by J Chan & Lai, for the Plaintiff

The 1^st Defendant was not represented and did not appear

Mr Anthony P W Cheung and Mr Marco Tse, instructed by T K Tsui & Co, for the 2^nd Defendant

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